Birth Injury - Bowel infarction following gastroschesis
VERDICT: $109,000,000 (total value); $ 17,162,273 (present cash value)
This baby was found to have a congenital defect in his abdominal wall ("gastroschesis") during his mother's pregnancy. Rather than delivering the baby once the gestation reached term, the obstetrician (a well-known perinatologist as a major Southern California tertiary care center) waited until the mother reached full-term, and even went beyond. Finally, at approximately 41 weeks gestation (over one week after full term), the baby was delivered. By that point, the baby's bowel had twisted and cut off its own blood supply, leading to a complete small bowel infarction. Although the baby survived, he is unable to take food by mouth and must nourish himself through intravenous feedings (total parenteral nutrition or "T.P.N.") on a nightly basis, for the rest of his life.
TPN is very expensive, and the child will need it to survive. His life-expectancy, however, is normal. After a long trial in San Bernardino Superior Court, the jury returned a unanimous verdict of over $100,000,000 to provide for the child for the rest of his life. The present cash value of the verdict was over $17,000,000, which at the time set a new record for the largest medical malpractice verdict in California history.